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Partisan Political Activity

Partisan political activity by civil servants and members of the armed forces is prohibited under Philippine law. The law prohibits officers and employees from engaging directly or indirectly in any partisan political activity or taking part in any election except voting. They also cannot use their official authority to coerce the political activity of others. However, officers and employees are allowed to express views on political issues or endorse candidates, as long as they do not solicit contributions from subordinates or subject them to acts prohibited in election law. Partisan political activity refers to acts designed to promote or defeat a candidate for public office. The prohibition on such activity by government employees takes effect during the campaign period for an election, as determined by Philippine election law.

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97 views1 page

Partisan Political Activity

Partisan political activity by civil servants and members of the armed forces is prohibited under Philippine law. The law prohibits officers and employees from engaging directly or indirectly in any partisan political activity or taking part in any election except voting. They also cannot use their official authority to coerce the political activity of others. However, officers and employees are allowed to express views on political issues or endorse candidates, as long as they do not solicit contributions from subordinates or subject them to acts prohibited in election law. Partisan political activity refers to acts designed to promote or defeat a candidate for public office. The prohibition on such activity by government employees takes effect during the campaign period for an election, as determined by Philippine election law.

Uploaded by

Ryan Acosta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Partisan Political Activity

Revised Administrative Code of 1987, in its provisions on the Civil Service,


provides:
SEC. 55. Political Activity. - No officer or employee in the Civil Service including
members of the Armed Forces, shall engage directly or indirectly in any partisan
political activity or take part in any election except to vote nor shall he use his
official authority or influence to coerce the political activity of any other person or
body. Nothing herein provided shall be understood to prevent any officer or
employee from expressing his views on current political problems or issues, or
from mentioning the names of candidates for public office whom he supports:
Provided, That public officers and employees holding political offices may take
part in political and electoral activities but it shall be unlawful for them to solicit
contributions from their subordinates or subject them to any of the acts involving
subordinates prohibited in the Election Code. [Luzuriaga v. Valeriano, G.R. No.
185559, August 2, 2017.]
When Act can be Committed?
When does the prohibition on partisan political activity take effect? What is a
partisan political activity
The nexus of the offense is the act of intervening or engaging by government
employees in any “election campaign” or “partisan political activity.”Under
Section 79 (b) of the Omnibus Election Code, these are defined as “act[s]
designed to promote the election or defeat of a particular candidate or
candidates to a public office.”
since the case of Peñera vs. COMELEC (G.R. No. 181613, November 25, 2009),
everything has changed.

xxx a candidate is liable for an election offense only for acts done during the
campaign period, not before. The law is clear as daylight — any election offense
that may be committed by a candidate under any election law cannot be committed
before the start of the campaign period. In ruling that Penera is liable for
premature campaigning for partisan political acts before the start of the
campaigning, the assailed Decision ignores the clear and express provision of the
law. xxx Congress has laid down the law — a candidate is liable for election
offenses only upon the start of the campaign period. This Court has no power to
ignore the clear and express mandate of the law that "any person who files his
certificate of candidacy within [the filing] period shall only be considered a
candidate at the start of the campaign period for which he filed his certificate of
candidacy." Neither can this Court turn a blind eye to the express and clear
language of the law that "any unlawful act or omission applicable to a candidate
shall take effect only upon the start of the campaign period." Peñera vs.
COMELEC (G.R. No. 181613, November 25, 2009),

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